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(영문) 울산지방법원 2016.08.26 2015고합393
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, the Defendant: (a) 23:05 on the ground that the victim D (53 tax) who was a taxi engineer was playing on the road in Ulsan-gu C, Ulsan-gu, Seoul-do; (b) 272,00 won of the market price is damaged by walking the string door of E-si operating on two occasions; (c) continuously opening the string door and opening the string door to the string door to the string; (d) string the victim’s flap; and (e) string the victim’s flap; and (e) flaping the victim’s flap; and (e) flaping the victim’s flap from the taxi without operating the string at least eight times; and (e) flaping the victim’s face to the 145,000 won of the market price; and (e) flading the victim’s mobile phone at the market price to the f.

As a result, the Defendant assaulted the victim, who is the driver of a vehicle in operation, thereby causing the victim to suffer bodily harm on the two sides that require treatment for about 10 days, and causing the victim to suffer bodily harm, such as satisfyal salt, tension, etc., and damaged the property in the aggregate of 620,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury, a receipt, written estimate for repair of a mobile phone, estimate, damaged photograph, or a cab for driving a victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (F telephone conversations for a witness), investigation report (to take a course where a suspect A assaults victim D, and to close down the course where the suspect assaultss victim D);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing violence to a driver) and Article 366 of the Criminal Act concerning the crime;

1. The punishment of concurrent crimes is aggravated as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated to the extent that the total sum of the long-term punishment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (road Assault, etc.) and the crime of damage as provided for in the same Act].

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